PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMY LIM Y MIRANDA, Accused-Appellant.

DECISION

PERALTA, J.:

On appeal is the February 23, 2017 Decision1 of the Court of Appeals (CA) in CA-G.R. CR HC No. 01280-
MIN, which affirmed the September 24, 2013 Decision2 of Regional Trial Court (RTC), Branch 25, Cagayan
de Oro City, in Criminal Case Nos. 2010-1073 and 2010-1074, finding accused-appellant Romy
Lim y Miranda (Lim) guilty of violating Sections 11 and 5, respectively, of Article II of Republic Act (R.A.) No.
9165, or the Comprehensive Dangerous Drugs Act of 2002.

In an Information dated October 21, 2010, Lim was charged with illegal possession of Methamphetamine
Hydrochloride (shabu), committed as follows:

That on or about October 19, 2010, at more or less 10:00 o'clock in the evening, at Cagayan de Oro City,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without being
authorized by law to possess or use any dangerous drugs, did then and there, willfully, unlawfully, criminally
and knowingly have in his possession, custody and control one (1) heat-sealed transparent plastic sachet
containing Methamphetamine hydrochloride, locally known as Shabu, a dangerous drug, with a total weight
of 0.02 gram, accused well-knowing that the substance recovered from his possession is a dangerous drug.

Contrary to, and in violation of, Section 11, Article II of Republic Act No. 9165. 3
On even date, Lim, together with his stepson, Eldie Gorres y Nave (Gorres), was also indicted for illegal sale
of shabu, committed as follows:
That on or about October 19, 2010, at more or less 10:00 o'clock in the evening, at Cagayan de Oro City,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring,
confederating together and mutually helping one another, without being authorized by law to sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any
dangerous drugs, did then and there willfully, unlawfully, criminally and knowingly sell and/or offer for sale,
and give away to a PDEA Agent acting as poseur-buyer One (1) heat-sealed transparent plastic sachet
containing Methamphetamine hydrochloride, locally known as Shabu, a dangerous drug, with a total weight
of 0.02 gram, accused knowing the same to be a dangerous drug, in consideration of Five Hundred Pesos
(Php500.00) consisting of one piece five hundred peso bill, with Serial No. FZ386932, which was previously
marked and recorded for the purpose of the buy-bust operation.

Contrary to Section 5, Paragraph 1, Article II of Republic Act No. 9165. 4

In their arraignment, Lim and Gorres pleaded not guilty. 5 They were detained in the city jail during the joint
trial of the cases.6

The prosecution presented Intelligence Officer (IO) 1 Albert Orellan, IO1 Nestle Carin, IO2 Vincent Orcales,
and Police Senior Inspector (PSI) Charity Caceres. Aside from both accused, Rubenia Gorres testified for the
defense.